STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GF220191RO
RENT ADMINISTRATOR'S
CONSTANTINE NOTIAS DOCKET NO.: EC220173S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for
administrative review of an order issued concerning the housing
accommodation known as 6823 Ridge Blvd, Apt. 18, Brooklyn, NY.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced the proceeding below by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer, the owner denied the allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R inspector who confirmed the existence of the
following defective conditions:
1. evidence of vermin in apartment,
2. bedroom #2 has a defective light switch and fixture.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the maximum rent.
In its petition for administrative review, the owner states,
in substance, that services found not to be maintained were
repaired.
The DHCR served a copy of the petition on the tenant on July
7, 1992.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction
Regulation, authorizes a rent reduction where there has been a
decrease in essential services which are defined in Section 2200.3
to include repairs, maintenance, janitorial services, and removal
of refuse. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction is
warranted.
The owner may file a rent restoration application if the facts
so warrant.
THEREFORE, in accordance with the Rent and Eviction
Regulations for New York City, it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
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Joseph A. D'Agosta
Deputy Commissioner
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